Filed 8/11/23 P. v. Maron CA5

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California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

BRANDON MURAD MARON,

Defendant and Appellant.

F085101

(Super. Ct. No. 21CR-04390)

OPINION

THE COURT*

APPEAL from a judgment of the Superior Court of Merced County. Mark V. 

Bacciarini, Judge.

James Edward Jones, under appointment by the Court of Appeal, for Defendant 

and Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and 

Respondent.

-ooOoo-

* Before Franson, Acting P. J., Snauffer, J. and De Santos, J.
2.

STATEMENT OF APPEALABILITY

Appellant, Brandon Murad Maron, appeals from a final judgment of conviction 

following a no contest plea, appealable under Penal Code section 1237, subdivisions (a) 

and (b).1 

STATEMENT OF THE CASE

On February 10, 2022, the Merced County District Attorney filed a four count 

information against Maron alleging he committed assault with intent to commit a felony 

(§ 264.1, subd. (a); count 1), a felony; elder abuse with injury (§ 368, subd. (b)(1); 

count 2), a felony; possession of a controlled substance (Health & Saf. Code, § 11377; 

count 3), a misdemeanor; and possession of drug paraphernalia (Health & Saf. Code, 

§ 11364; count 4), a misdemeanor. As to counts 1 and 2, it was further alleged that 

Maron inflicted great bodily injury on an elderly victim (§ 12022.7, subd. (c)), and, as to 

count 1, it was further alleged he inflicted great bodily injury on a vulnerable victim 

(§ 1203.09, subd. (a)).

On July 26, 2022, Maron entered a no contest plea to amended count 2, elder 

abuse (§ 368, subd. (b)(1)) and admitted that the victim suffered great bodily injury 

(§ 12022.7, subd. (c)). The balance of the charges and allegations were dismissed. On 

October 7, 2022, Maron was sentenced to serve seven years in prison. He was also 

ordered to pay a conviction assessment fee of $30 (Govt. Code, § 70373), a court 

operations assessment of $40 (§ 1465.8), a restitution fine of $2,100 (§ 1202.4), with an 

additional $2,100 fine suspended pending successful completion of parole (§ 1202.45).

At sentencing, Maron argued that he was entitled to 126 days of custody credit for 

his participation in programming pursuant to section 4019.4, subdivision (a)(1), in 

addition to the 394 actual days, and 59 days of conduct credit. The trial court disagreed, 

1 All statutory references are to the Penal Code unless otherwise stated. 
3.

and awarded 394 actual days, 42 days program credit (§ 4019.4, subd. (a)(1)), and 

59 days conduct credit, for a total of 495 days credit for time served.

On October 7, 2022, Maron filed a timely notice of appeal.

STATEMENT OF FACTS2

On September 8, 2021, Maron got into a fight with his girlfriend’s 77-year-old 

mother. During that fight, Maron punched his girlfriend’s mother to the ground, put his 

weight on her thigh, and broke her femur.

APPELLATE COURT REVIEW

Maron’s appointed appellate counsel has filed an opening brief that summarizes 

the pertinent facts, raises no issues, and requests this court to review the record 

independently. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) The opening brief also 

includes the declaration of appellate counsel indicating Maron was advised he could file 

his own brief with this court. By letter on May 15, 2023, we invited Maron to submit 

additional briefing. To date, he has not done so.

Having undertaken an examination of the entire record, we find no evidence of 

ineffective assistance of counsel or any other arguable error that would result in a 

disposition more favorable to Maron. 

DISPOSITION

The judgment is affirmed.

2 Because Maron pled, the facts are taken from the victim’s testimony at the 

preliminary hearing on February 7 and 9, 2022.